Chattisgarh High Court
Nana Sai Soni vs State Of Chhattisgarh on 28 January, 2025
1
2025:CGHC:5028
NAFR
RAVI
SHANKAR
MANDAVI
Digitally signed by
RAVI SHANKAR
MANDAVI
Date: 2025.02.01
HIGH COURT OF CHHATTISGARH AT BILASPUR
13:22:39 +0530
WPS No. 738 of 2025
1 - Nana Sai Soni S/o Satedharam Soni Aged About 63 Years R/o
Village Machadoli, Tahsil Pondi Uproda, District Korba C.G.
2 - Nirmala Garga W/o Lata Durga Prasad Garga Aged About 60 Years
R/o Village Atma Nagar, Tahsil Pondi Uproda, District Korba C.G.
3 - Ramchandra Yadav S/o Thanu Yadav Aged About 63 Years R/o
Village Machadoli, Tahsil Pondi Uproda, District Korba C.G.
4 - Naval Singh S/o Bandhan Singh Aged About 63 Years R/o Village
Ghadaghat (Chhinmer), Tahsil Pondi Uproda, District Korba C.G.
5 - Vishambhar Singh S/o Malechan Singh Aged About 64 Years R/o
Village Machadoli, Tahsil Pondi Uproda, District Korba C.G.
6 - Rajendra Kumar Shukla S/o Ramsanehi Shukla Aged About 63
Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G.
7 - Motiram S/o Ramcharan Aged About 64 Years Unskilled Assistant,
R/o Village Atma Nagar, Tahsil Pondi Uproda, District Korba C.G.
8 - Bhejan Lal Nagfase S/o Bhikhiya Nagfase Aged About 64 Years R/o
Village Urga, District Korba C.G.
9 - Shyam Bai W/o Late Heera Singh Gond Aged About 63 Years R/o
Village Bandhapara, Tahsil Pondi Uproda, District Korba (C.G.)
10 - Jagdishwar Singh S/o Late Amar Singh Aged About 40 Years
Resident Of Village Atma Nagar, Tahsil Pondi Uproda, District Korba
C.G.
2
11 - Onkar Sharma S/o Late Shri Rajendra Sharma Aged About 43
Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G.
12 - Seetaram Bhariya S/o Thakur Ram Aged About 63 Years R/o
Village Barpali, Tanakhar Tahsil Pondi Uproda, District Korba (C.G.)
13 - Ganesh Ram Yadav S/o Ram Lal Yadav Aged About 63 Years R/o
Village Machadoli, Tahsil Pondi Uproda, District Korba C.G.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Water
Resources, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur
(C.G.)
2 - Superintendent Engineer Minimata (Hasdev) Bango Project,
Bilaspur, District Bilaspur (C.G.)
3 - Executive Engineer Minimata (Hasdev), Bango Project, Division-3,
Machadoli, P.S. Bango, District Korba (C.G.)
4 - Executive Engineer Water Resources Korba, District Korba (C.G.)
5 - Executive Engineer (V/y) Light Machinery Emuvel Gate Sakari,
Bilaspur, District Bilaspur (C.G.)
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Prahlad Shrivas, Advocate
For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
28/01/2025
1. Heard Mr. Prahlad Shrivas, learned counsel petitioner as well as
Mr. Kawaljeet Singh Saini, learned Panel Lawyer for
State/respondents.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"10.1 That, this Hon'ble Court may kindly be pleased to
direct the concerned respondents to consider the claim
of petitioners for grant of leave encashment in the light
of provisions of Leave Rules-1977.
10.2 That, this Hon'ble Court may kindly be pleased to
direct the concerned respondents to consider the claim
of petitioners for grant of leave encashment in the
terms of the decision passed in WPS No.3870/2021 in
the matter of "Faguva Ram Patel and others Versus
State of Chhattisgarh & others" in stipulated period of
time.
10.3 That, the Hon'ble Court may kindly be pleased to
grant any other relief, as it may deems fit and
appropriate."
3. Learned counsel for the petitioners submits that the respective
petitioners were worked as work charged/ contingency paid
employees/permanent employee in the respondents department
under contingency establishment, therefore, leave credited in the
account of the work charged / contingency paid employees
deserved to get encashment. Learned counsel for the petitioners
further submits that in the light of judgment passed by this Court in
Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors. Vs.
State of Chhattisgarh & Ors.) and other connected matters
decided on 30.09.2022, the petitioners are entitled for leave
encashment.
4. Learned State counsel submits that sufficient documents have not
been filed by the petitioners and it is also not reflected as to
whether the petitioners have completed the minimum period of
service to avail the benefit of leave encashment.
5. I have heard learned counsel for parties and perused the
documents available in record.
6. Be that as it may, without commenting anything on the merits, this
petition is disposed of giving liberty to the petitioners to make
detailed representation before the concerned
respondent/competent authority within the period of '30 days'
from the date of receipt of copy of this order with all necessary
documents to substantiate their claim. In the event of filing of
representation, on due verification, if the petitioners are found to
be similarly situated persons, as in the case of Faguvaram Patel
(surpa), their claim shall be decided by the respondents in light of
judgment of Faguvaram Patel (Supra) expeditiously preferably
within the period of '90 days' from the date of submission of their
said representation.
7. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
